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Niamh specialises in social housing law, property disputes and personal injury. She is accredited for the purposes of Direct Access, and is willing to accept direct instructions from members of the public in appropriate cases.

Niamh also sits as a part time judge in the First Tier Tribunal (Property Chamber : Residential).

Housing Law

Niamh has specialised in housing law since she started practice, acting for landlords, housing associations, local authorities and tenants. She has particular expertise in the areas of homelessness, judicial review, disability discrimination, anti-social behaviour, right to buy, shared ownership and housing fraud.

Selected Housing Cases

  • Fybrace v London Borough of Lambeth (2022): Niamh successfully represented the Defendant  local authority in its application for summary judgment in a claim based on direct and indirect disability discrimination, which arose from the local authority's refusal to recommend the installation of a stairlift in the claimant's home due to concerns for his safety.  
  • Bibi v London Borough of Hackney (2021): Niamh successfully represented the local authority  in high-profile housing dispute which was preventing the start of multi-million-pound redevelopment of Colville Estate
  • Guiste v London Borough of Lambeth [2020] HLR 12 (CA): Represented Lambeth in the Court of Appeal in an appeal which considered the issue of vulnerability in the context of priority need for accommodation.
  • HB v London Borough of Haringey (2015) Legal Action: Represented the local authority in its first contested homelessness appeal relating to an assessment of vulnerability following the Supreme Court decision in Hotak,
  • Circle 33 Housing Trust v Nelson [2014] EWCA Civ 106: Successfully represented the Claimant landlord at the subsequent trial.
  • (2012): Successfully represented a large Housing Association in an action for possession defended on human rights grounds which was preventing the commencement of a multi-million pound redevelopment programme.
  • (2011): Advised a nationwide Housing Association on recovery of possession of 100+ properties leased from the private sector and let to persons housed as homeless by Local Housing Authorities.
    (2007): London Borough of Lambeth v Hamm Legal Action – Conditions which can be legitimately imposed by the court when reviving a secure tenancy.

Seminars/Webinars

  • Covid 19: Reactivating Possession Proceedings (2020- Available on the 42 BR YouTube channel)
  • Disrepair in Residential Leasehold Property: Liability and Damages (2019)
  • Right to Buy: Preventing Fraud (2017)
  • Tenancy Deposits and Possession Proceedings (2017)
  • Introduction to the Environmental Protection Act for Landlords (2016)
  • Expert Evidence in EPA proceedings (2015)
  • Homelessness: Out of area Placements and Referrals (2013)
  • Localism Act and Security of Tenure (2013)

Related News

Housing Law Bulletin: When is settled accommodation actually settled?

Housing Law Bulletin: When is settled accommodation actually settled?

Niamh O’Brien discusses the recent Court of Appeal decision on ‘settled accommodation’ and asks: when is accommodation ‘settled’? Doka v London Borough of Southwark [2017] EWCA Civ 1523 Introduction The ‘full housing duty’ owed by local authorities to house homeless applicants does not apply to those who have become intentionally homeless. In order to be


Published: 7th Nov 2017

Housing Law Bulletin No 12 – updating service of 2015 on all issues relating to housing law

Housing Law Bulletin No 12 – updating service of 2015 on all issues relating to housing law

Welcome to this, our twelfth updating service of 2015 on all issues relating to housing law — whether social or private, landlord or tenant. Here, Niamh O’Brien offers a case law update : Mansing Moorjani v Durban Estates Limited [2015] EWCA Civ 1252 An unusual set of facts permits the Court of Appeal to review the legal basis for damages to be awarded for disrepair to premises let on a long lease.


Published: 22nd Dec 2015

Housing Law Bulletin No 2

Housing Law Bulletin No 2

Welcome to this, the second bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com. Topic: Akerman- Livingstone v Aster Communities Ltd “Can the court summarily dispose of a defence to possession based on an allegation of unlawful


Published: 31st Mar 2015

More news

Property Law

Commercial and private landlord and tenant, leasehold disputes including enfranchisement and service charges, family trusts and co-ownership, boundary disputes, nuisance, disrepair, insurance claims including tree root damage, easements, freehold and leasehold covenants.

Personal Injury Law

All aspects of personal injury work including traumatic brain injuries, employers’ liability, industrial disease including HAVS, deafness and asthma claims, fatal accidents, liability of public authorities, motor claims and occupiers’ liability.

  • (2017) – Represented a claimant who sustained a significant brain injury as a result of a road traffic accident.
  • (2015) – Represented a claimant who sustained brain injury and consequent personality change following a hit and run accident.
  • (2011) – Represented a child claimant seeking damages against a construction company arising out of an accident in which she sustained a fractured skull and consequent brain injury.
  • (2010) – Represented a claimant in an action against his former employer for significant injuries caused by a fall at work. Negotiated a settlement worth in excess of £700,000.

Wills, Trust & Probate

Niamh O’Brien has experience in family trusts and co-ownership.

Recent Seminars

  • Right to Buy: Preventing Fraud (2017)
  • Tenancy Deposits and Possession Proceedings (2017)
  • Introduction to the Environmental Protection Act for Landlords (2016)
  • Expert Evidence in EPA proceedings (2015)
  • Homelessness: Out of area Placements and Referrals (2013)
  • Localism Act and Security of Tenure (2013)

Webinar Download Material

25/11/20 - Housing Download - Reactivating Possession Hearings

Areas of Expertise

Related News

Housing Law Bulletin: When is settled accommodation actually settled?

Housing Law Bulletin: When is settled accommodation actually settled?

Niamh O’Brien discusses the recent Court of Appeal decision on ‘settled accommodation’ and asks: when is accommodation ‘settled’? Doka v London Borough of Southwark [2017] EWCA Civ 1523 Introduction The ‘full housing duty’ owed by local authorities to house homeless applicants does not apply to those who have become intentionally homeless. In order to be


Published: 7th Nov 2017

Housing Law Bulletin No 12 – updating service of 2015 on all issues relating to housing law

Housing Law Bulletin No 12 – updating service of 2015 on all issues relating to housing law

Welcome to this, our twelfth updating service of 2015 on all issues relating to housing law — whether social or private, landlord or tenant. Here, Niamh O’Brien offers a case law update : Mansing Moorjani v Durban Estates Limited [2015] EWCA Civ 1252 An unusual set of facts permits the Court of Appeal to review the legal basis for damages to be awarded for disrepair to premises let on a long lease.


Published: 22nd Dec 2015

Housing Law Bulletin No 2

Housing Law Bulletin No 2

Welcome to this, the second bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to housing@42br.com. Topic: Akerman- Livingstone v Aster Communities Ltd “Can the court summarily dispose of a defence to possession based on an allegation of unlawful


Published: 31st Mar 2015

More news

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